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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE
- The reason behind the grant of privileges and immunities to international organizations, its officials and functionaries is to secure them legal and practical independence in fulfilling their duties.
- The very purpose of immunity is to shield the affairs of international organizations.
Diplomatic Immunity is part of customary international law which grants immunity to diplomatic representatives, in order to uphold their dignity as representatives, in order to uphold their dignity as representatives of their respective States and to allow them free and unhampered exercise of their functions.
The head of the State enjoys personal immunity from the jurisdiction of another State. The Charter of the United Nations states that:
Article 104: The Organization shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfillment of its purposes.
Article 105:
- The Organization shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfillment of its purposes.
- Representatives of the Members of the United Nations and officials of the Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organization.
- The General Assembly may make recommendations with a view to determining the details of the application of paragraphs 1 and 2 of this Article or may propose conventions to the Members of the United Nations for this purpose. (Articles 104-105, Charter of the United Nations)
Jurisprudence says:
The reason behind the grant of privileges and immunities to international organizations, its officials and functionaries is to secure them legal and practical independence in fulfilling their duties. (Lasco vs. UN Revolving Fund for Natural Resources Exploration, G.R. Nos. 109095-109107 February 23, 1995)
The very purpose of immunity is to shield the affairs of international organizations. Jurisprudence says:
The very purpose of immunity, which is to shield the affairs of international organizations, in accordance with international practice, from political pressure or control by the host country to the prejudice of member States of the organization, and to ensure the unhampered performance of their functions. (International Catholic Immigration Commission vs. Hon. Pura Calleja, G.R. No. 85750 September 28, 1990)
What are the privileges and immunities of the Representatives of Members of the United Nations? The law says:
SECTION 11. Representatives of Members to the principal and subsidiary organs of the United Nations and to conferences convened by the United Nations, shall, while exercising their functions and during the journey to and from the place of meeting, enjoy the following privileges and immunities:
(a) Immunity from personal arrest or detention and from seizure of their personal baggage, and, in respect of words spoken or written and all acts done by them in their capacity as representatives, immunity from legal process of every kind;
(b) Inviolability for all papers and documents;
(c) The right to use codes and to receive papers or correspondence by courier or in sealed bags;
(d) Exemption in respect of themselves and their spouses from immigration restrictions, aliens registration or national service obligations in the state they are visiting or through which they are passing in the exercise of their functions;
(e) The same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign governments on temporary official missions;
(f) The same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys, and also;
(g) Such other privileges, immunities and facilities not inconsistent with the foregoing as diplomatic envoys enjoy, except that they shall have no right to claim exemption from customs duties on goods imported (otherwise than as part of their personal baggage) or from excise duties or sales taxes. (Section 11, Convention on the Privileges and Immunities of the United Nations)
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